https://www.taxtmi.com/caselaws?id=76203 Cenvat credit is available only when duty-paid goods and valid duty-paying documents are both received and properly accounted for; invoices issued for diverted goods without delivery cannot sustain credit, so the irregular credit is recoverable with interest and penalty. The discussion also treats diversion of excisable goods through grey-market invoicing as dealing in goods for confiscation and penalty purposes, even without physical possession. On penalties, the wider unamended rule was applied to persons actively concerned in selling, purchasing or facilitating disposal, but separate penalties on a proprietor already penalised through the concern were not warranted, and brokers were relieved where their role was limited to intermediation. en-us Fri, 04 Sep 2009 00:00:00 +0530 Fri, 20 Nov 2015 11:57:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=76203 Cenvat credit is available only when duty-paid goods and valid duty-paying documents are both received and properly accounted for; invoices issued for diverted goods without delivery cannot sustain credit, so the irregular credit is recoverable with interest and penalty. The discussion also treats diversion of excisable goods through grey-market invoicing as dealing in goods for confiscation and penalty purposes, even without physical possession. On penalties, the wider unamended rule was applied to persons actively concerned in selling, purchasing or facilitating disposal, but separate penalties on a proprietor already penalised through the concern were not warranted, and brokers were relieved where their role was limited to intermediation. Case-Laws Central Excise Fri, 04 Sep 2009 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=76203